What to Do After a Motorcycle Accident

July 5, 2023 | Ed Bernstein
What to Do After a Motorcycle Accident

Motorcycle accidents can lead to severe injuries, costly damages, and overwhelming stress for the riders involved. Knowing how to navigate the aftermath of such an incident with the help of an experienced motorcycle accident lawyer in Las Vegas is crucial for your well-being and for safeguarding your legal rights.

Below, we go over some steps you must take following a motorcycle accident to help protect your health and safety, preserve evidence, protect your interests, and maximize your chances of securing the compensation you deserve for your losses and injuries.

Immediate Actions to Take After a Motorcycle Accident

If you are involved in a motorcycle accident, your priority should be to ensure your safety and that of others around you. If the accident injured you or someone else, call 911 immediately. Police officers will document the accident details, which can be invaluable for your personal injury claim. You or other parties may also require medical assistance.

Remain at the Scene

Accident Lawyer for Motorcycle Accident Cases near Las Vegas & Henderson, NV area

You must remain at the scene of the accident until the police have completed their investigation and you have exchanged necessary information with the other party. Leaving the accident scene prematurely can negatively impact your personal injury claim.

If you speak with anyone after the crash, however, make sure you do not make any definitive comments regarding what happened or apologize for the collision, as these statements can hurt your case.

Have an Attorney Gather Evidence From the Scene

You should not have to gather evidence following a motorcycle accident. You should instead be focusing on your health and recovery. Thankfully, when you retain the services of a legal professional, you will not have to undertake an investigation alone.

Your attorney can collect evidence for you, such as:

  • Names, phone numbers, addresses, insurance policy numbers, and license plate numbers of those involved.
  • Accident details, such as the date, time, location, weather, and road conditions.
  • Pictures and videos of the accident and notes of critical details, such as skid marks on the road, traffic signals nearby, damage to your motorcycle and any other involved vehicles, and any visible injuries you or others have sustained.
  • A copy of the police report. This can aid you in building your personal injury claim.

Witnesses can also be invaluable in supporting your personal injury claim. Your attorney can request their contact information and ask for their account of the accident, which can provide critical evidence to help strengthen your claim.

Stay off Social Media, and Do Not Post Anything About Your Accident Online

Having detailed information about the accident and its aftermath is necessary when pursuing a personal injury claim, but do not share any information about the incident or post pictures or other content to social media.

The opposing party or the insurance company can use the content you post online and even the remarks you make on a post of someone who comments on your accident against you. This can hurt your case and decrease the amount of money you can receive, so stay off social media until your case ends.

Seek Medical Attention and Document Injuries

Seeking medical treatment is crucial for your health and well-being and your personal injury claim. Your attorney can emphasize the importance of a medical professional evaluating you immediately after the accident, even if you believe your injuries are minor.

A medical evaluation can reveal hidden motorcycle injuries and establish a connection between the accident and your trauma. This causal link is critical if the other side or the insurance company tries to argue that your injuries were not that serious or resulted from a separate event.

Keep Detailed Records of Medical Visits, Treatments, and Expenses

Maintain detailed records of all your medical visits, treatments, and expenses related to your injuries. This documentation will likely be necessary to demonstrate the extent of your injuries and their financial impact on your life. It can also help your attorney seek compensation to cover these costs and recover enough funds to get the medical treatment you require.

Documenting Any Lost Income Due to Injuries

If your injuries have caused you to miss work or lose income, you will also want to document these financial losses meticulously. This will ensure that you receive fair compensation for this lost income.

Preserve Evidence for a Potential Personal Injury Claim

You must preserve any damaged items, such as helmets, clothing, or other personal belongings following a motorcycle accident, as they can serve as important evidence in your claim. These items can demonstrate the severity of the accident and support your case for compensation.

Find Out Who You Can Hold Liable for the Motorcycle Accident

Determining who was liable for the accident can be tricky, particularly when multiple parties are involved. Your attorney can investigate the cause of the motorcycle accident, determine fault for your injuries and losses, and decide whether you can hold any third parties liable.

At-fault parties can include:

  • Another motorist, pedestrian, or truck driver.
  • Businesses.
  • Governmental agencies.
  • Manufacturers.

Figuring out who was responsible for a motorcycle accident can be challenging, especially as the other parties may be trying to shift the blame to one another. Therefore, discuss the incident with a motorcycle accident lawyer. A legal professional can investigate the collision, determine what happened and who was responsible for the injuries and losses, and hold those liable accountable.

Deal With the Insurance Companies

Depending on the specifics of your case and the extent of your damages, you may need to file an insurance claim. Your motorcycle accident attorney can help you through this process, ensuring you complete all the necessary steps and provide the required documentation. Your attorney can also guide you on what information to share and help you avoid making any statements that could potentially harm your claim.

Keep Records of all Communications and Settlement Offers

Your attorney will likely emphasize the importance of maintaining records of all communications with insurance companies and any settlement offers received. You need this documentation during negotiations and, if necessary, in court proceedings.

Understanding Your Rights and the Role of a Motorcycle Accident Attorney

Insurance companies may attempt to settle your claim quickly and for less than you deserve. A motorcycle accident attorney can explain your rights and advocate for fair compensation on your behalf. They can also assist you in navigating the complexities of dealing with insurance companies by providing sound legal advice and keeping you informed throughout the process.

Consult a Motorcycle Accident Attorney About Your Case

Preserving evidence and collecting all relevant information is essential to your personal injury claim's success. Consulting a motorcycle accident attorney can provide valuable insight into the strength of your case and the necessary steps to protect your rights and seek fair compensation for your damages and losses.

Benefits of Hiring an Experienced Motorcycle Accident Lawyer

Hiring an experienced motorcycle accident attorney can significantly impact the outcome of your motorcycle accident claim. A skilled lawyer can help you navigate the legal process and manage negotiations with insurance companies. If necessary, they can also present a strong case on your behalf in court.

A motorcycle accident attorney can guide you through each step of the legal process following your motorcycle accident. They can gather and preserve crucial evidence, build a strong case, and meet all necessary deadlines. Additionally, legal professionals can provide sound legal advice and support, helping you make informed decisions throughout the process.

Financial Damages You Can Pursue Following a Motorcycle Accident

A successful personal injury claim can mean that you receive financial compensation for your damages and losses, including medical expenses, lost income, pain and suffering, and any future medical care that you may require.

These damages are usually broken into two categories: economic damages, which include tangible losses after an accident, and non-economic damages, which are the hard-to-prove losses following an accident.

These losses include compensation for: 

  • Medical bills resulting from doctor visits, hospitalization, surgeries, prescription medications, assistive devices, and other types of treatments.
  • Loss of personal property.
  • Lost income, business opportunities, and bonuses.
  • Reduced earning capacity.
  • Rehabilitative therapy or occupational therapy.
  • Replacement domestic services costs, such as cleaning services.
  • At-home nursing care.
  • Pain and suffering.
  • Mental anguish.
  • Loss of enjoyment of life.
  • Loss of companionship.
  • Humiliation and inconvenience as a result of the injuries.

Depending on the circumstances, punitive damages may also apply. To better understand your losses and the financial damages you deserve, discuss your crash with an experienced motorcycle accident attorney as soon as you can. A legal professional can review your losses and injuries, figure out which damages you can recover, and fight for every last dollar you deserve.

Ensure You Have Enough Time to File a Lawsuit Following a Motorcycle Accident

Your attorney can help you understand the time frames involved in filing a lawsuit. All states have specific time limits for personal injury claims. These are set out in the statute of limitations. In some cases, including motorcycle accidents, these time frames may decrease or increase in others. If an accident victim does not file their claim by the deadline, the court can stop them from pursuing compensation for their losses and injuries.

As a result, motorcycle accident victims must reach out to a skilled motorcycle accident lawyer as soon as possible. A lawyer can not only work out how much time you have to pursue a suit after a motorcycle accident but also help make sure that the appropriate documents are submitted before this time expires.

Contact an Experienced Motorcycle Accident Attorney Today for Further Information

Following a motorcycle accident, protect your rights and pursue the compensation you deserve. This includes ensuring personal safety, obtaining certain documents and reports, seeking medical attention, dealing with insurance companies, preserving evidence, and consulting a motorcycle accident attorney.

Staying proactive and seeking legal representation from a good personal injury law firm in Las Vegas after a motorcycle accident can significantly impact your ability to secure fair compensation for your damages and losses. A motorcycle accident attorney can provide invaluable guidance, support, and advocacy throughout the process.

They can also:

  • Investigate the details of the motorcycle crash, determine the legal options you have, and help you figure out the next legal steps.
  • Gather documents and photos from the crash to help show what happened, the total losses you endured, and who was responsible for the motorcycle collision.
  • Bring in experts to validate your legal claim, including doctors, financial specialists, and accident reconstruction specialists.
  • Take on the insurance companies and fight for a reasonable settlement offer.
  • Pursue maximum compensation by taking your case to trial, especially if the insurer is unwilling to settle your case for a fair amount.

If you or a loved one were in a motorcycle accident, consult an experienced motorcycle accident attorney today and schedule your free case evaluation.

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Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.